Skyrail Pty Ltd Trading AS Skyrail Rainforest Cableway Summary

[2025] FWCA 3264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Skyrail Pty Ltd Trading AS Skyrail Rainforest Cableway

(AG2025/3037)

SKYRAIL RAINFOREST CABLEWAY ENTERPRISE AGREEMENT (2024)

Tourism industry
COMMISSIONER SIMPSON	BRISBANE, 25 SEPTEMBER 2025

Application for approval of the Skyrail Rainforest Cableway Enterprise Agreement (2024)

An application has been made for approval of an enterprise agreement known as the Skyrail Rainforest Cableway Enterprise Agreement (2024) (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Skyrail Pty Ltd Trading AS Skyrail Rainforest Cableway (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 2.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skyrail Pty Ltd Trading as Skyrail Rainforest Cableway applied to the Fair Work Commission for approval of the Skyrail Rainforest Cableway Enterprise Agreement 2024. The dispute centred around the terms and conditions of employment for employees under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement was appropriate for the purposes of the Fair Work Act.

The primary legal issue the Commission had to address was whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act. This involved assessing whether the agreement contained all the prescribed terms and conditions, whether it was free from any illegal content, and whether it was made in good faith. The Commission also needed to consider whether the agreement was likely to have the effect of facilitating the improved productivity of the workplace, which is a key objective of the Fair Work Act.

After thorough examination, the Fair Work Commission found that the Skyrail Rainforest Cableway Enterprise Agreement 2024 met all the necessary statutory requirements. The Commission confirmed that the agreement contained all prescribed terms, was free from any illegal content, and was made in good faith. Furthermore, the Commission was satisfied that the agreement would facilitate improved productivity in the workplace. Consequently, the Commission approved the agreement, acknowledging its potential to benefit both the employees and the employer.

The Fair Work Commission's approval of the Skyrail Rainforest Cableway Enterprise Agreement 2024 has now been finalised. The agreement is set to take effect as per its terms, providing a new framework for the employment conditions of the employees involved.

Skyrail Pty Ltd Trading AS Skyrail Rainforest Cableway

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established